1.
General You are currently viewing a page of the
Bleedingrock.com web site or a related web site,
(the “Site”) belonging to
Bleedingrock.com. This Site and any of the
services provided by Bleedingrock.com in
connection with this Site (the
“Services”) are being provided to you
expressly subject to these Terms of Service.
Please read these Terms of Service carefully. By
accessing this Site you agree to be bound by
these Terms of Service.
In this consent, "we", "us",
and "Bleedingrock" are used to refer to
Bleedingrock.com.
2. Privacy Please visit our Privacy Policy at
www.bleedingrock.com/privacy.htm
3. Country of Origin Bleedingrock.com is headquartered in,
and operates from the United States of America
(US), and is translated from English (en).
4. Electronic Terms of Service On June 30, 2000, Congress enacted THE
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
COMMERCE ACT (E-Sign Act) to ensure the legality
of electronic contracts. By obtaining products or
services electronically through Bleedingrock.com,
you agree that you have read and accept the terms
outlined as follows.
All of the disclosures, records, invoices, and
other information being provided to you may, at
Bleedingrock’s sole discretion, be in
electronic form. Information provided in
electronic form will not be distributed in paper.
Furthermore, you also agree to receive your
invoices and billing via email, and make
electronic payments from our site or email
invoices using links to PayPal's secure servers.
Your consent covers all of your transactions
relating to the product or service that you agree
to obtain.
In order to ensure that we are able to provide
you with important notices and other account
information from time to time, you must update us
with any change in email address.
5. Notices to You You agree that Bleedingrock.com may
provide notice to you by posting it on our
website or by emailing it to the email address
listed in your Account. Such notice shall be
considered to be received by you within 24 hours
of the time it is posted to our website or
emailed to you unless we receive notice that the
email was not delivered. Furthermore, you agree
to review your transactions through your Account
History instead of receiving periodic statements
by mail.
6. Intellectual Property All marks or images that appear
throughout this site belong to Bleedingrock.com
or the respective owners of such marks and
images, and are protected by United States and
international copyright and trademark laws. These
laws strictly prohibit any use of any of the
marks, images, or animated images appearing
throughout this site without the express written
consent of Bleedingrock.com or the owner of the
mark or image.
Bleedingrock™, Bleedingrock
Ingenuity™, Bleedingrock.com™, the
Bleedingrock Cube Logo, and the slogans
"What does your cyber shadow say about
you", "Since the turn of the
millennium, providing an efficient holistic
approach to managing your web presence" and
"A virtual cornucopia of creative resources
for your physical property, real property, and
virtual property for the 21st Century" are
all trademarks of Bleedingrock.com. Please visit
our notice of Copyright and Trademark at
www.bleedingrock.com/copyright.htm
We operate in accordance with THE DIGITAL
MILLENNIUM COPYRIGHT ACT OF 1998 and will act on
infringement violations.
7. Fair Use This Website may contain some
copyrighted material whose use has not been
authorized by the copyright owners. We believe
that the use on this Web site constitutes a fair
use of the copyrighted material as provided for
in section 107 of the US Copyright Law. Fair Use
notwithstanding, we will immediately comply with
any copyright owner who presents a valid request
to have their material removed.
8. The Disability Discrimination Act of
1995 (UK) We operate in accordance with THE
DISABILITY DESCRIMINATION ACT OF 1995 (UK).
Should you have problems accessing any portion of
this site, you may contact us for further
assistance via email, voicemail, fax, or sms
provided at www.bleedingrock.com/company.
9. Special License Restrictions for
Non-Human Visitors Special restrictions on a visitor's
license to access this Website apply to Non-Human
Visitors. Non-Human Visitors include, but are not
limited to, web spiders, bots, indexers, robots,
crawlers, harvesters, or any other computer
programs designed to access, read, compile or
gather content from the Website automatically.
Non-Human Visitors are restricted from taxing the
resources of the Website beyond what would be
typical of a human visitor.
Furthermore, as specified by the
"no-email-collection" flag in the
header pages within the Website and/or the
contents of the robots.txt file, email addresses
on this site are considered proprietary
intellectual property of the author of the
Website. It is recognized that these email
addresses are provided for human visitors alone,
and have value in part because they are
accessible only to said human visitors. By
continuing to access the Website, You acknowledge
and agree that each email address the Website
contains has a value not less than US $500
derived from their relative secrecy. You further
agree that the compilation, storage, and
potential distribution of these addresses by
Non-Human Visitors substantially diminish the
value of these addresses. Intentional collection,
harvesting, gathering, or storing email addresses
by Non-Human Visitors is recognized under this
agreement as a violation of this agreement and
expressly prohibited.
As a visitor to the Website, you consent to
having your Internet Protocol address recorded.
An email address may appear immediately below
(the "Identifier") if we suspect
potential abuse. The Identifier is uniquely
matched to your Internet Protocol address.
Visitors agree not to use this address for any
reason.
VISITORS AGREE THAT HARVESTING, GATHERING,
STORING, TRANSFERRING TO A THIRD PARTY OR SENDING
ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN
ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS
OF SERVICE.
10. Digital Files The Client is responsible for keeping a
complete and current copy of all data and files
sent to us, to serve as a backup.
Bleedingrock.com is NOT RESPONSIBLE for any lost
files or data sent to us via email or upload, and
will delete all digital information from our hard
drives and servers when we determine it to be no
longer needed.
11. Client Confidentiality Agreement
(NDA) Non-disclosure agreement (NDA), also
known as a confidentiality agreement,
confidential disclosure agreement (CDA),
proprietary information agreement (PIA), or
secrecy agreement.
Regarding our Client's disclosure of certain
information and our treatment of that
information.
In consideration of the Client’s disclosure
of the Confidential Information for
Bleedingrock.com to use for Web design and
marketing purposes, Bleedingrock.com agrees to
the following use and disclosure obligations:
11.1. Title to the Confidential Information and
all related materials and documentation the
Client deliverers to Bleedingrock.com will remain
with the Client. Bleedingrock.com agrees to treat
such Confidential Information as secret if it is
so marked, otherwise identified as such, or when,
by its very nature, it deals with matters that,
if generally known, would be damaging to the best
interests of the Client, other contractors or
potential contractors with the Client, or
individuals or organizations about whom the
Client keeps information. By way of example but
not by way of limitation, information should be
treated as confidential if it includes any
proprietary documentation, materials, flow
charts, codes, software, computer instructions,
techniques, models, information, diagrams,
know-how, trade secrets, data, business records,
images, or marketing information.
11.2. Bleedingrock.com agrees not to disclose any
Confidential Information to third parties and to
use it solely for the purpose described in the
provisions of this Agreement. Bleedingrock.com
will restrict circulation of the Confidential
Information within its organization and then only
to people in the Bleedingrock.com organization
that have a need to know the Confidential
Information.
11.3. Bleedingrock.com will be liable for the
disclosure of such information whether the
disclosure is intentional, negligent, or
accidental, unless otherwise provided below.
11.4. Bleedingrock.com will not be liable for any
unintentional disclosure of the Confidential
Information that results despite our exercise of
at least the same degree of care as it normally
takes to safeguard its own secrets.
11.5. Bleedingrock.com will not incorporate any
portion of any Confidential Information into any
work or product, other than a work product that
will be delivered to the Client for the Client's
sole use. Also, the Bleedingrock.com will have no
proprietary interest in any of the Confidential
Information. Furthermore, Bleedingrock.com will
cause all individuals in its organization who
have access to any Confidential Information to
execute a confidentiality agreement incorporating
the obligations in this Agreement.
11.6 Our obligation to maintain the
confidentiality of the Confidential Information
will not apply where any of the following apply:
11.6.1. The Confidential Information was already
in our possession before disclosure by the
Client, and such was received by Bleedingrock.com
without obligation of confidence.
11.6.2. The Confidential Information is developed
independently by the Bleedingrock.com.
11.6.3. The Confidential Information is or
becomes publicly available without breach of this
Agreement.
11.6.4. The Confidential Information is
rightfully received by Bleedingrock.com from a
third party without an obligation of confidence.
11.6.5. The Confidential Information is disclosed
by Bleedingrock.com with the written consent of
the Client.
11.6.6. The Confidential Information is released
in accordance with a valid order of a court or
governmental agency. But in such a case, we must
first notify the Client of the order immediately
upon our receiving it. And the Client also must
make a reasonable effort to obtain a protective
order from the issuing court or agency limiting
disclosure and use of the Confidential
Information solely for the purposes intended to
be served by the original order of production.
11.7. Bleedingrock.com will destroy any originals
and copies of any Confidential Information it has
made upon termination or expiration of this
Agreement.
12. Hosting on Third Party Servers For Clients NOT hosting on Bleedingrock
servers. Your use of a third party Web hosting
service is at your sole risk. We do not provide
backups for clients who choose to host on their
own, or a third party server. Our responsibility
for your files ends at the time we upload your
files to your host, or provide you your files in
hard copy digital format.
13. Data Loss For Clients hosting with Bleedingrock.
We maintain backups of only your most recent
version of your Web pages and site related files.
For privacy, Bleedingrock.com is not able to
backup your email accounts and are not
responsible for any loss of email and/or data
residing on your account for any reason. You
agree to take full responsibility for saving or
backing up your email to maintain all appropriate
backups of email stored on our Web Host's
servers. Backups of Web page files or other data
will not be provided for accounts that have been
suspended or terminated for any reason unless
otherwise agreed to in writing by
Bleedingrock.com. We reserve the right to
transfer your hosting to a different provider at
any time.
14. Liability We will make every reasonable attempt to
avoid unexpected server downtime and to ensure
that all hosting accounts are well taken care of.
Any network problem, equipment/hardware failure,
data backup and storage or outage will not be
grounds for reimbursement for any subsequent
financial damages or losses. Bleedingrock.com is
NOT responsible for data backup integrity or
subsequent loss. Shared hosting accounts and
dedicated servers should not be used for mission
critical websites or email that require absolute
redundancy. Managed dedicated servers are not
guaranteed against any hacking attempt, denial of
service attack, security breech, data loss,
hardware problems, loss of use, loss of income
and/or any unspecified general failures and any
such incident. By using the services of
Bleedingrock.com, Inc., you agree that you will
make no claim or attempt to collect for
reimbursement of any financial loss or hardship
related to using these services. If you need fail
safe hosting services, contact us for special
arrangements and related contracts.
15. Sending Unlawful or Unsolicited
E-mail (Web host anti-spam policy) Accounts caught sending unsolicited
email or usenet postings, either through our
servers or to promote a web site on our servers
will be terminated immediately, will not qualify
for a refund, and will be charged $100 per
complaint filed. Accounts terminated for sending
unsolicited email or usenet posts give up all
rights to any content, files, backups and
technical support associated with this and ALL
accounts hosted on our servers and network. You
may not create email forwards which forward to an
email address not accessible by you, unless the
recipient has specifically consented for you to
do so.
Bleedingrock.com reserves the right to
investigate accounts accused of sending unlawful
or unsolicited emails, or usenet postings, in any
way deemed necessary. This includes suspending
the accused account, during the pending
investigation. You must operate in compliance
with the requirements of The CAN-SPAM Act.
Sites promoting, advertising or otherwise making
available tools, information and/or software for
the purpose of sending unsolicited email or
usenet postings will be shut down without notice.
We reserve the right to cancel all hosting
accounts, of anyone having an account suspended
for sending spam. We will make available, upon
request, the source of the complaints. We will
NOT make available the actual complaint, if it
means giving out individual contact information
of the person filing the complaint. WE STRONGLY
SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING
LISTS.
16. Payments to Bleedingrock.com We maintain a merchant account with
PayPal who acts solely as a Payment Service
Provider. PayPal is an independent contractor for
all purposes, except that PayPal acts as your
agent with respect to the custody of your funds
only. PayPal is a TRUSTe licensee.
16.1. Security. Protecting your privacy
and private financial data is very important.
Payments are made at PayPal's site using their
secure https servers and NO private financial
data is shared with us by PayPal. Once you have
reviewed our privacy policy, please review
PayPal’s in order to better understand our
commitment to maintaining your privacy, as well
as PayPal's use and disclosure of your
Information at www/paypal.com.
16.2. Transaction History. You may view
your transaction history by logging into your
PayPal Account and looking at your Account
History subtab on the Account Overview Web page.
You agree to review your transactions through
your Account History instead of receiving
periodic statement via postal mail.
16.3. Refused Transactions. When you
send money, Bleedingrock.com is not required to
accept it. Should we decide not to accept a
payment for any reason including, but not limited
to, accidental over payments and/or unsolicited
payments made through our Web site, we will
return the refused payment within 30 Days from
the date you initiated payment. If a payment is
denied or refunded for any reason, we will return
the money using the original Payment Method.
16.4. Chargebacks. If, at any time, a
chargeback is issued through your credit card
company, bank or PayPal (including PayPal
disputes) we will immediately suspend all
services listed on your billing account,
including services not covered under the
chargeback or dispute, and start collection
efforts. These same terms apply to overdue
invoices.
16.5. Over Due Accounts, and Late Fees.
Services paid on an annual basis are invoiced
approximately 30 days before your billing cycle
ends, with several reminders sent until the due
date. Overdue invoices are charged a nominal late
fee. Hosting accounts are suspended if not paid
by the due date and terminated 14 days past due.
If an account is suspended or terminated,
reconnection and set up fees will apply. The
amounts for these fees are published at
www.bleedingrock.com/myaccount.
16.6. Recurring Payments. A Recurring
Payment is a payment in which you authorize a
Merchant to directly charge your PayPal account
on a one-time, regular, or sporadic basis. An
example of a Recurring Payment is signing up for
a service where you agree to allow a Merchant to
directly charge your PayPal account each month
for a particular service you have purchased.
Recurring Payments are sometimes called
"subscriptions", "preapproved
payments, or "automatic payments."
16.7. Waiver of Notice for Certain Recurring
Payments. When a Recurring Payment is made
by Instant Transfer or eCheck, you have the right
to contact Bleedingrock.com and request on 10
Days advance notice before the Recurring Payment
is made, provided that the amount of the payment
varies.
16.8. Canceling Recurring Payments. You
may cancel a Recurring Payment at any time up to
3 Business Days prior to the date the payment is
scheduled to be made. To cancel a Recurring
Payment, YOU MUST log in directly to your PayPal
Account, access the My Account tab, then access
the Profile tab, then access the Financial
Information column and click on "My
Preapproved Payments" and follow the
instructions to cancel the payment. Please keep
in mind that Recurring Payments are sometimes
referred to as "subscriptions" or
"preapproved payments." In addition, if
you cancel a Recurring Payment you may still be
liable to us for the payment and any late fees,
and may be required to pay us through alternative
means.
17. Refunds, Returns and/or Cancellations In any event, any deposited funds for a
project shall not be subject to refund after
commencement of the project. There are no
refunds, returns or cancellations unless
Bleedingrock.com cancels or terminates your
Contract for a reason other than your breach or
non-performance, We will only make a refund if we
have deemed that Bleedingrock.com has not
delivered services in an efficient and effective
manner as promised. If for any reason a refund is
granted, including, but not limited to,
accidental over payments or unsolicited payments,
SAID REFUND MUST BE REQUESTED WITHIN 30 DAYS OF
YOUR PAYMENT. After 30 days, we will credit your
account for the amount of the refund.
18. Changes to our Terms of Service If we decide to change our Terms of
Service policy, we will post those changes on
this page, and/or update the modification date
below.
This policy was last modified on December 31,
2000
19. Contacting Us If there are any questions regarding our
Terms of Service you may contact us using the
information contained at
www.bleedingrock.com/company
Coffee break video: A
satirical look at traditional customer
service
Classic Saturday Night Live. Lily Tomlin,
Ernestine, The Telephone Company
Bleedingrock.com. Web Development,
Website Design, and SEO. Palm Springs / New York.
